Chamber
Plenary, 14 Dec 2006
14 Dec 2006 · S2 · Plenary
Item of business
Legal Profession and Legal Aid (Scotland) Bill: Stage 3
My colleagues are encouraging me not to be so generous, so I should perhaps withdraw that offer.
The purpose of amendment 5 is not to ensure that the commission reviews its own work, but to extend the provisions in section 27, which give the commission the power to monitor practice and to identify any trends in the way in which the relevant professional organisations handle conduct complaints. Amendment 5 seeks to take that provision a bit further by enabling the commission, if it thinks that relevant professional organisations are handling conduct complaints inadequately, to recommend to ministers that there should be a change to the system. I am sorry if Mr Davidson did not understand the purpose of the amendments, but I am glad that at least Mr Fox was able to follow them.
Despite what the minister said, amendments 5 and 7 are designed to give the commission an extra role in monitoring and reporting on the situation and in presenting evidence, information and recommendations to ministers. By virtue of amendment 7, ministers would still have the power to make a judgment on whether they wished to take any step that the commission proposed.
Having seen how enthusiastic the Government was to accept the mechanism that Gordon Jackson proposed for the Bankruptcy and Diligence etc (Scotland) Bill, I think that it was reasonable to assume that my amendments would provide an appropriate vehicle to ensure that the concerns of the public are adequately addressed. I hope that the arrangements under the bill are successful and I hope that they work effectively. I simply want to ensure that the bill includes a mechanism to allow those issues to be addressed in the longer term, after a couple of years have elapsed and once we have seen the performance of the relevant professional organisations.
The amendments would provide an important step that would maximise the consumer protection that will be available under the bill. On that basis, I will press amendment 5.
The purpose of amendment 5 is not to ensure that the commission reviews its own work, but to extend the provisions in section 27, which give the commission the power to monitor practice and to identify any trends in the way in which the relevant professional organisations handle conduct complaints. Amendment 5 seeks to take that provision a bit further by enabling the commission, if it thinks that relevant professional organisations are handling conduct complaints inadequately, to recommend to ministers that there should be a change to the system. I am sorry if Mr Davidson did not understand the purpose of the amendments, but I am glad that at least Mr Fox was able to follow them.
Despite what the minister said, amendments 5 and 7 are designed to give the commission an extra role in monitoring and reporting on the situation and in presenting evidence, information and recommendations to ministers. By virtue of amendment 7, ministers would still have the power to make a judgment on whether they wished to take any step that the commission proposed.
Having seen how enthusiastic the Government was to accept the mechanism that Gordon Jackson proposed for the Bankruptcy and Diligence etc (Scotland) Bill, I think that it was reasonable to assume that my amendments would provide an appropriate vehicle to ensure that the concerns of the public are adequately addressed. I hope that the arrangements under the bill are successful and I hope that they work effectively. I simply want to ensure that the bill includes a mechanism to allow those issues to be addressed in the longer term, after a couple of years have elapsed and once we have seen the performance of the relevant professional organisations.
The amendments would provide an important step that would maximise the consumer protection that will be available under the bill. On that basis, I will press amendment 5.
In the same item of business
Resumed debate.
Section 23—Duty of Commission to make rules as to practice and procedure
The Deputy Presiding Officer (Trish Godman):
Lab
Group 17 is about publication of and consultation on rules as to the commission's practice and procedure. Amendment 66, in the name of David Davidson, is gro...
Mr Davidson:
Con
Amendments 66 and 67 enhance accountability and transparency, which is essential in a process as technical as the workings of the Scottish Legal Complaints C...
Johann Lamont:
Lab
We continue this afternoon as we started this morning.Amendment 69 adds the Lord President to the list of those whom the commission is required to consult be...
Mr Davidson:
Con
I thank the minister for understanding what we are seeking to do to improve the bill. I very much welcome her support in these matters.
Amendment 66 agreed to.
Amendments 67 and 68 moved—Mr David Davidson—and agreed to.
Amendment 69 moved—Johann Lamont—and agreed to.
Amendment 70 moved—Mr David Davidson—and agreed to.
After section 27
The Deputy Presiding Officer:
Lab
Group 18 is on a report to Scottish ministers on conduct complaints. Amendment 5, in the name of John Swinney, is grouped with amendment 7.
Mr Swinney:
SNP
One of the matters discussed at length during consideration of the bill at stages 1 and 2 was whether complaints about services and conduct should be handled...
Mr Davidson:
Con
I am afraid that I cannot support John Swinney's amendment 5, for the simple reason that what he proposes involves a conflict of interests. If he is so keen ...
Colin Fox (Lothians) (SSP):
SSP
Mr Swinney raises an important issue that is at the centre of the bill. The Justice 2 Committee spent a lot of its time considering conduct complaints, and i...
Johann Lamont:
Lab
Amendment 5 has some attraction, in so far as it would require the commission to review its operations after its first two years. We commend such reviews as ...
Mr Swinney:
SNP
David Davidson seems to have fundamentally misunderstood or misread amendment 5. I am almost tempted to allow him to make a further speech in case he is more...
Members:
No.
Mr Swinney:
SNP
My colleagues are encouraging me not to be so generous, so I should perhaps withdraw that offer.The purpose of amendment 5 is not to ensure that the commissi...
The Deputy Presiding Officer:
Lab
The question is, that amendment 5 be agreed to. Are we agreed?
Members:
No.
The Deputy Presiding Officer:
Lab
There will be a division. There will be a five-minute suspension to allow members to come into the chamber.
Meeting suspended.
On resuming—
The Deputy Presiding Officer:
Lab
We will proceed with the division on amendment 5, in the name of John Swinney.
ForAdam, Brian (Aberdeen North) (SNP) Baird, Shiona (North East Scotland) (Green) Ballance, Chris (South of Scotland) (Green) Ballard, Mark (Lothians) (Green...
The Deputy Presiding Officer:
Lab
The result of the division is: For 33, Against 71, Abstentions 1.
Amendment 5 disagreed to.
Section 28—Obtaining of information from relevant professional organisations
Amendment 71 moved—David Davidson.